Wyo. R. Comm'n Jud. Conduct & Ethics 8

(a) Upon the receipt of a written referral for the institution of formal

proceedings from any investigatory panel, the executive director shall select

three or more members of the Commission, who did not serve on the

investigatory panel, to serve on an adjudicatory panel for the particular case,

and shall, without delay, refer the file to disciplinary counsel for preparation

and issuance of a written notice advising the judge of the institution of formal

proceedings. Such written notice shall be served by certified mail addressed to

the judge at the address provided by the judge for such purposes. If the

adjudicatory panel or disciplinary counsel are informed that the judge is

represented by counsel notice of any investigation or examination shall be

served on counsel for the judge. Such proceedings shall be entitled:

State of Wyoming

Before the Commission on Judicial Conduct and Ethics

An Inquiry Concerning

)

)

,

)

No.

(Name of Judge)

NOTICE OF FORMAL PROCEEDINGS

(b) The notice shall specify in ordinary and concise language the nature of

the allegations made against the judge, shall identify the nature of costs and

fees that may be assessed; include the names of the adjudicatory panel

members; and shall advise the judge of the right to file a written, verified

answer to the allegations made against the judge within 20 days after service

of the notice upon the judge. Disciplinary counsel has an obligation to timely

supplement the allegations made against the judge contained in the notice as

discovery and additional information becomes available.

(c) The judge shall file a written, verified answer to the notice of commencement of formal proceedings and to any supplemental allegations. Any request

for recusal of a member of the adjudicatory panel shall be filed at the time of

filing an answer and the grounds therefore shall be set forth in the request. In

the event the adjudicatory panel member refuses to act upon the request for

recusal, the adjudicatory panel shall determine whether the panel member

should be recused. There shall be no voir dire examination of any members of

the adjudicatory panel.

(d) Following a hearing, the adjudicatory panel shall make findings and

adjudications concerning allegations of judicial misconduct, criminal misconduct, civil misconduct and disability, and:

(1) where none is proven by clear and convincing evidence, shall dismiss

the case; or

(2) where proven by clear and convincing evidence, shall make an adjudication and submit findings to the disciplinary panel for disposition which

may include, but is not limited to, temporary discipline or interim suspension as provided in these rules, letters requiring remedial action, issuing or

recommending deferred discipline agreements, or stipulated private cen-

sure.

(e) The presiding officer of the adjudicatory panel shall have the power and

responsibility to:

(1) administer oaths and affirmations;

(2) conduct such proceedings or conferences as may be necessary, set and

establish dates for exchange of information, conferences, and hearings; issue

subpoenas; receive, hear and determine all motions;

(3) establish the terms, conditions and limitations of discovery and rule

upon all discovery motions, including those pertaining to depositions, and

when requested by a party or a member of the adjudicatory panel, to preside

over a deposition;

(4) open and officially close any hearing or other formal proceeding and

preside over the hearing and regulate its proceedings;

(5) rule upon the admissibility of all evidence, and receive all relevant

evidence; and

(6) sign the written decision and order at the conclusion of the proceedings

and sign all other orders necessary to facilitate the orderly disposition of the

case.